Labor Groups Challenge FLRA Overhaul as Pentagon Targets Union Contracts

A coalition of federal labor groups filed a lawsuit challenging a new interim final rule from the Federal Labor Relations Authority (FLRA) that would alter the way the FLRA hears union-related cases, shifting more authority to its politically appointed board. 

The interim final rule– set to take effect April 23– would shift the way the FLRA hears collective bargaining cases and oversees union elections, altering a process that has been in place since 1983. Instead of decisions beginning with regional directors and then moving to the board on appeal, the three-member board would play a more direct role earlier in the process.

The rule was issued without a prior notice-and-comment period, with the FLRA invoking the need to streamline case handling and reduce duplicative review.

“The FLRA envisions a streamlined process in which representation matters are resolved through the collaborative efforts of the regional offices and the authority—rather than a strict separation of an initial decision by an RD, followed by a possible appeal to, and potentially duplicative decision by, the authority,” stated the FLRA in its rule. 

Unions filed suit in the District of Massachusetts, arguing that the rule violates the Administrative Procedure Act. They say it circumvents a required notice-and-comment period and was “unjustified” and “rushed.” 

“Despite the sweeping nature of this change, the FLRA gave only the most threadbare and unconvincing explanation for its action,” the lawsuit states. “This dramatic overhaul of how federal employees and their unions can obtain exclusive representation rights at agencies and the additional statutory labor rights that flow from such representation will inevitably impair and delay their ability to exercise those rights.”

Defense Department Directs Cancellation of Most CBAs

Separately, the Pentagon directed the cancellation of most of its collective bargaining agreements with federal employee unions. 

In an April 9 memo, Defense Secretary Pete Hegseth directed the “termination of all collective bargaining agreements to which the Department is a party” with limited exceptions. 

“Leadership at all levels must coordinate closely with their respective offices of general counsel and human resources representatives to ensure full compliance,” Secretary Hegseth said in the memo. 

Impacted unions include the American Federation of Government Employees (AFGE) which represents some 300,000 DOD employees. 

“Our union has successfully challenged illegal attempts to strip our members of their union rights by terminating their collective bargaining agreements, and we will continue to do so,” said AFGE National President Everett Kelley in a statement.